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Opt Out Form - Classaction.ca

Opt Out Form - Classaction.ca

Opt Out Form - Classaction.ca

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TORONTO HYDRO CLASS ACTION SETTLEMENTOPT OUT FORMINSTRUCTIONS:You do not have to take part in the In re: Toronto Hydro-Electric System Limited (“Toronto Hydro”)Class Action Settlement Agreement (“Settlement”). This form <strong>ca</strong>n be used to exclude yourself from thegroup of persons included in the proceeding (the “Class”) and its Settlement (a process known as “optingout”).If you wish to remain a member of the Class, DO NOT COMPLETE OR RETURN THIS FORM. IFYOU COMPLETE THIS FORM AND OPT OUT, YOU WILL NOT RECEIVE ANYSETTLEMENT FUNDS, CANCELLATION OF INTEREST EXCEEDING 5% THAT MAY BEOUTSTANDING ON YOUR ACCOUNT, NOR ANY OTHER SETTLEMENTCONSIDERATION. IF YOU OPT OUT, YOU WILL BE ENTITLED TO COMMENCE ORCONTINUE LEGAL PROCEEDINGS IN YOUR OWN NAME.Before deciding whether to remain in the Class or to request exclusion, make sure you have read theenclosed Approval Hearing Notice and understand the consequences of your decision. You <strong>ca</strong>n obtainmore information at www.classaction.<strong>ca</strong> or by emailing Class Counsel at hydroclassaction@siskinds.com.If you exclude yourself, you <strong>ca</strong>nnot receive any compensation related to the Settlement or object to theSettlement in any way. Any Court orders in this matter will not apply to you. By excluding yourself, youretain any rights to file or proceed with a lawsuit regarding Toronto Hydro that you may have.To request exclusion, you must complete in full, sign, and return this form via First Class Mailpostmarked by April 16, 2012 to counsel for Toronto Hydro at the address below. If you do not returnthis fully-completed form by this deadline, you will lose your right to exclude yourself from this ClassAction and you will be bound by this Settlement and all subsequent proceedings, orders, and judgmentsentered by the Court. You <strong>ca</strong>nnot opt out without properly completing this court-approved form andsubmitting it on time.AddressCounsel for the Defendant, Toronto HydroKelly FriedmanDavis LLP1 First Canadian Place, Suite 6000PO Box 367, 100 King Street WestToronto, ON M5X 1E21762380.1


- 2 -TORONTO HYDRO CLASS ACTION SETTLEMENTOPT OUT FORMPrint clearly in black or blue ink. Complete this form only if you wish to be excluded from participating in the Toronto Hydro Class Action.1. Your Name and Contact InformationName:___________________________________________________________Address: _________________________________________________________City:___________________ State/Province:_______ Zip/Postal Code:_________ Country:_________Are you completing this form on someone else’s behalf? _____Yes _____NoIf Yes, list the name and address of the person for whom you are completing this form:Are you a lawyer acting for your client? _____Yes _____NoLawyer’s Signature: _________________________2. Account Informationa. Were you a customer of Toronto Hydro at some point between July 1, 2000 and December 8, 2010, inclusive?_____Yes _____Nob. Were you billed by Toronto Hydro at some point between July 1, 2000 and December 8, 2010, inclusive?_____Yes _____Noc. Did you pay interest on an unpaid account during the period between July 1, 2000 and December 8, 2010,inclusive?_____Yes _____Nod. If the answer to each of the above is YES, please indi<strong>ca</strong>te the billing address at which you received your bill forinterest, if the address is different from the address in box 1:e. If the answer to each of the above is YES, please indi<strong>ca</strong>te the address of the premise at which you receivedToronto Hydro service, if the address is different from the address in box 1 or the billing address provided above:f. If the answer to each of the above is YES, please indi<strong>ca</strong>te the Toronto Hydro account number for which you paidsuch interest, if you know it: _____3. Legal RepresentationHave you entered into a written or oral agreement to be represented by counsel regarding a potential claim againstToronto Hydro?_____Yes _____NoIf Yes, please list the lawyer’s name and address:1762380.1


- 3 -UNLESS YOU PROPERLY COMPLETE AND RETURN THIS OPT OUT FORM, YOU WILL BE BOUND BYANY JUDGMENT IN THE LITIGATION AND YOU WILL NOT BE PERMITTED TO PURSUE ANYPENDING OR FUTURE LITIGATION ON MATTERS RESOLVED IN THIS SETTLEMENT. THIS IS TRUE:1) EVEN IF YOU HAVE OBJECTED TO THE SETTLEMENT;2) EVEN IF YOU ARE ACTIVELY LITIGATING MATTERS REGARDING THE INTEREST BILLINGPRACTICES OF TORONTO HYDRO; AND3) EVEN IF YOU MAILED THIS EXCLUSION REQUEST BUT EITHER SENT IT TO AN INCORRECTADDRESS OR MISSED THE DEADLINE.Dated: _____________Submitted by: ____________________________ (Printed)Signed:____________________________ (Signature)1762380.1

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